01/03/2022
Over the holiday, a good friend reached out about a possible collection via email they were concerned about.
In the email, the following claims were made-
1. That a payment had been made, resetting the SOL on lawsuits in Texas
2. That the account had been assigned to them for collection and they had the authorization to collect and accept a settlement amount of $1500
3. That there was pending litigation against my friend, and they were going to sue him if he didn't place "a secure financial instrument against the debt for payment"
What they didn't do-
1. Allow him an opportunity to validate the debt (30 days per the FDCPA)
2. List a physical address for all correspondence
3. Have what's known as a mini miranda (this is an attempt to collect a debt, etc, etc)
4. Give him an opportunity to cease electronic communication (this went into effect Dec 1st)
What they failed to do under state law-
1. Register as a debt collection agency in the state of Texas, much less their respective state of New York.
2. Have a surety bond for their business.
Quick county records search showed no pending lawsuits against him for this debt.
So basically, this is a company that was trying to coerce payment by intimidation on a debt that is beyond the State's SOL on lawsuits, much less reporting.
If you have questions about a piece of mail, please feel free to reach out.
www.refertodoug.com
